A woman from Australia who was imprisoned in prison for 20 years because of the deaths of four of her children has been pardoned after new evidence showed that they were killed by natural causes, as she always claimed.
Kathleen Folbigg (55 years old) received a pardon unconditional from the New South Wales Governor. Margaret Beazley was released from prison in Grafton.
New South Wales Attorney-General Michael Daley informed reporters that he recommended pardoning Folbigg based on the preliminary findings of a second investigation into her guilt conducted by former State Chief Justice Tom Bathurst.
Bathurst has reviewed Folbigg’s 2003 convictions for the manslaughter and murder of her son Caleb and her children Patrick Sarah and Laura.
Bathhurst, in a memo sent to Daley the week before last, wrote: “I am of the opinion that there is a reasonable doubt regarding the guilt of Ms. Folbigg as to each of these crimes.” He cited medical and genetic evidence along with the conduct of trial.
Folbigg had been sentenced to 30 years of imprisonment and was not eligible for parole until the year 2028, which is five years after her sentence. Bathurst’s report could recommend her convictions to be overturned.
A previous investigation, which concluded in 2019, found that Folbigg was guilty beyond a reasonable doubt. A 2021 petition signed by 90 scientists and doctors argued in favor of a second investigation. They argued that “new scientific evidence creates a strong suspicion that the Folbigg Children died from natural causes.”
They argued that “the entire time Kathleen Folbigg was in custody, is the result of a miscarriage justice.”
Kathleen Folbigg during an inquiry in Sydney in 2019.
Joel Carrett / AP file
Folbigg was found guilty of manslaughter for the death of Caleb in 1989, when he was only 19 days old. Folbigg was found guilty of murder for the deaths of three of her children, Patrick, who died in 1991, aged 8 months; Sarah, in 1993, at 10 months; and Laura, in 1999, at 19 months. Folbigg claimed to have discovered the deaths.
Bathurst stated that it was “reasonable” to believe that three of the four children died naturally. He pointed to a mutation called CALM2-G114R, which was later found to be shared by Sarah and Laura. Laura could also have died of myocarditis.
Bathurst stated that in Patrick’s death, a “underlying neurogenic condition” may have been the cause of his sudden demise.
Although there was no physical proof, prosecutors claimed that Folbigg smothered her children. They also argued that the similarities between the deaths made them extremely unlikely to have been a mere coincidence.
Bathurst said the prosecution’s evidence was “entirely circumstantial”, and that he “could not accept” Folbigg as anything other than a “caring mother” for her children.
He also criticised the prosecution for relying on diary entries where Folbigg expressed her feelings of guilt, but did not admit directly to killing any of their children.
He wrote: “The entries are easily explained as the words of an emotionally traumatized, grieving mother who feels guilty over the unsolved deaths her four children.”
Daley stated that if her convictions were overturned, Folbigg could “initiate civil proceedings against New South Wales to seek compensation.”
Daley stated that Folbigg was informed about the pardon before the announcement, “to make sure there was adequate support around her.” Daley also said he had notified Folbigg’s ex-husband, Craig Folbigg. He added it would be “a tough day for him.”
Daley stated, “We have four little babies who are dead. A husband and wife lost each other. A woman spent 20 years behind bars. And a family who never had a shot.” “You wouldn’t be human if that didn’t affect you.”
